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Structures that Don't Require Council Approval

Schedule 3 of the Development Regulations 2008 outlines certain structures that don't require Development Approval; these structures WILL NOT require approval provided they meet certain requirements. If the structure does not meet one of the requirements outlined in Schedule 3 of the Development Regulations 2008, however meets all of the other requirements listed then the structure will still require Development Approval.

PLEASE NOTE that if the development is located within the following areas outlined below it is NOT considered exempt:-

  • The development will occur in an area as delineated by the relevant Development Plan as a flood zone of flood plain area;
  • Within the Blanche Harbor area;
  • Within Commissariat Point area;
  • Within Miranda area;
  • Within Council’s Coastal Holiday Settlement Zone, Urban Coastal Zone;
  • Within 100m from the coast line, measured from the highwater mark of a spring tide;
  • Is on a site that is registered as State or Local Heritage;
  • Is in zone that required minimum finished floor level with an AHD (Australian Height Datum) or ARI (Annva Rain Intensity).

BELOW IS A LIST OF MINOR STRUCTURES THAT ARE EXEMPT FROM REQUIRING DEVELOPMENT APPROVAL IF THEY MEET THE REQUIREMENTS SET OUT ABOVE AND BELOW.

Domestic Outbuildings

All domestic outbuildings (garages & sheds) are exempt if:

  • it has a total floor area not exceeding 15m2
  • the structure does not exceed 2.5m in height above the natural surface of the ground
  • there is no span greater than 3m
  • the structure is not erected closer to the boundary of a road than the existing dwelling
  • the structure is not located less than 900mm from a boundary of a secondary street frontage
  • the structure is not located within 6m from a corner if the allotment is a corner block which does not have a 4mx4m cut-off
  • it is detached and ancillary to another building which is erected on the site

If the structure is in breach of any of the preceding points then it will require development approval.

Verandah/Carports (solid roof structures)

All verandahs and carports require development approval.

Retaining Walls

Retaining walls are exempt if the retaining wall is:

  • less than 1m in height from ground level
  • located greater than 100m from the coast
  • located greater than 100m from the high water mark

If the structure is in breach of any of the preceding points then it will require development approval.

Solar Panels or Solar Hot Water Systems

Solar Panels or Solar Hot Water Systems are exempt including the installation, alteration, repair or maintenance if:

  • the distribution of the weight does not exceed 100kg at any one point of attachment to the roof
  • it does not over hang any point of the roof
  • it is positioned parallel and located not more than 100mm above the roof line
  • the panels are installed by a person who holds an accreditation under a scheme recognised by the Minister

If the structure is in breach of any of the preceding points then it will require development approval.

Pergolas

A pergola is exempt if:

  • If it is associated with an existing dwelling (whether attached to the building or freestanding)
  • it does not have a solid roof cover (other than shade cloth)
  • each freestanding side remains open
  • no part is higher than 4 metres above ground level
  • it is not erected closer to a primary street frontage than the existing dwelling (i.e. at the front of the property)

If the structure is in breach of any of the preceding points then it will require development approval.

Fences

A fence is exempt if it is:

  • a timber, corrugated, iron, colourbond fence and is less than 2.1m in height
  • a masonry fence (brick, stone) and is less than 1m in height, including masonry piers and columns
  • located more than 6m from a corner where those boundaries both face a road and the fence is less than 1m in height
  • less than 2.1m in height at an intersection where the allotment is a corner block and there is a 4x4m corner cut-off
  • a brush fence and is not located closer than 3m to a dwelling
  • the maximum height must be the lower of the 2 adjoining finished ground levels

If the structure is in breach of any of the preceding points then it will require development approval.

Swimming Pools/Spas

A swimming pool or spa is exempt if:

  • Is constructed in association with a dwelling intended primarily for the use by the occupants of that dwelling.
  • Is not capable of being filled to a depth greater than 300mm
  • In the case of an aboveground of inflatable pool does not incorporate a filtration system
  • the spa is constructed in association with a dwelling and intended primarily for use by the occupants and the spa has a maximum capacity less than 680 litres

If the structure is in breach of any of the preceding points then it will require development approval.

Water Tanks

A Water tank is exempt if:

  • the total floor area does not exceed 10m2
  • is part of a roof drainage system
  • it is located wholly on the ground
  • it is not higher than 4 metres above the natural surface of the ground

If the structure is in breach of any of the preceding points then it will require development approval.

Deckings

A decking is exempt if it is:

  • not higher than 500mm above the surface of the ground
  • not positioned closer than 900mm from a boundary

If the structure is in breach of any of the preceding points then it will require development approval.

Windmill/Aerials etc

A Windmill, non-load-bearing aerial, antenna, flagpole, mast, open framed tower or other similar structure is exempt if:

  • is free standing and the structures overall height does not exceed 10 metres
  • it is attached to a building and does not have a height exceeding 4 metres above the topmost point of attachment
  • is not in an Area A or Area C described in a map entitled Airport Building Heights (i.e. proximity to the airport)

If the structure is in breach of any of the preceding points then it will require development approval.

Communication Dishes

A communication Dish is exempt if it:

  • does not exceed 1.2m in diameter within a Residential Zone
  • is located within any other zone and does not exceed 2.6m in diameter

If the structure is in breach of any of the preceding points then it will require development approval.

Shade Sails

Shade sails are exempt if:

  • the shade sail consists of permeable material
  • the area of the sail does not exceed 20m2
  • no part of the sail will be more than 3 m above ground or floor level (depending on where it is to be situated)
  • no part of the sail will be in front of any part of the building line of the building to which it is ancillary and that faces the primary street

If the structure is in breach of any of the preceding points then it will require development approval.

Alterations to Existing Buildings

The repair, maintenance and internal alternation to existing building is exempt if the:

  • alteration to the existing building does not involve the demolition of any part of the building (other than the removal of fixtures, fittings and non-load-bearing partitions)
  • alteration does not adversely affect the structural soundness of the building or the safety of any person occupying it

If the structure is in breach of any of the preceding points then it will require development approval.

 

Please seek clarification from the council building inspectors before construction of the above structures.